HLS 25RS-995 ORIGINAL 2025 Regular Session HOUSE BILL NO. 432 BY REPRESENTATIVE CHENEVERT Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana. CIVIL/PROCEDURE: Provides relative to disclosure of financing agreements 1 AN ACT 2To amend and reenact R.S. 9:3580.13(B) and (C) and to enact R.S. 9:3580.13(D) and (E), 3 relative to third-party litigation financing; to provide relative to the funds recoverable 4 by litigation financers; to provide relative to disclosure of litigation financing 5 contracts or agreements; and to provide for related matters. 6Be it enacted by the Legislature of Louisiana: 7 Section 1. R.S. 9:3580.13(B) and (C) are hereby amended and reenacted and R.S. 89:3580.13 (D) and (E) are hereby enacted to read as follows: 9 ยง3580.13. Disclosure of financing agreements; discovery 10 * * * 11 B. A litigation financer with a litigation financing contract or agreement 12 shall not receive or recover, whether directly or indirectly, any amount greater than 13 an amount equal to the share of the proceeds collectively recovered by the plaintiffs 14 or claimants in a civil action, administrative proceeding, legal claim, or other legal 15 proceeding seeking to recover monetary damages financed by a litigation financing 16 contract or agreement after the payment of any attorney fees and costs owed in 17 connection to such action, claim, or proceedings. 18 B. C. The existence of a litigation financing contract or agreement is subject 19 to discovery in accordance with the Code of Civil Procedure and Code of Evidence 20 in all civil actions. Page 1 of 2 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 25RS-995 ORIGINAL HB NO. 432 1 D. An attorney who enters into a litigation financing contract or agreement 2 shall disclose the existence of the contract or agreement and deliver a copy of the 3 contract or agreement to the client he represents in the civil action, administrative 4 proceeding, claim, or other legal proceeding financed by the agreement within thirty 5 days after being retained as counsel by such client, or within thirty days after 6 entering into the litigation financing agreement, whichever is earlier. 7 C. E. This Chapter shall not apply to nonprofit legal organizations funded 8 by private donors that represent clients on a pro bono basis. Awards of costs or 9 attorney fees to nonprofit legal organizations shall not be affected by this Chapter. 10 This Chapter shall not be interpreted to require a nonprofit legal organization to 11 disclose its donors or sources of funding. DIGEST The digest printed below was prepared by House Legislative Services. It constitutes no part of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)] HB 432 Original 2025 Regular Session Chenevert Abstract: Provides a limitation of recovery under third party litigation financing agreements, and provides for disclosure of such agreements. Proposed law provides that a litigation financer with a litigation financing contract shall not receive any amount greater than an amount equal to the share of the proceeds collectively recovered by the plaintiffs seeking to recover monetary damages financed by a litigation financing contract or agreement after the payment of any attorney fees and costs. Proposed law provides that an attorney who enters into a litigation financing contract or agreement shall disclose the existence and deliver the copy of the agreement to the client he represents within 30 days after being retain as counsel by such client, or within 30 days after entering into the litigation financing agreement, whichever is earlier. (Amends R.S. 9:3580.13(B) and (C); Adds R.S. 9:3580.13(D) and (E)) Page 2 of 2 CODING: Words in struck through type are deletions from existing law; words underscored are additions.